What school for my ASD DS?

[Ricecakesaremyjam]

My DS is 5, started reception in September. Diagnosed ASD and ADHD, has an EHCP and a full time 1:1 but is only in school for 2hrs a day at schools insistence. They initially wouldn’t allow him in for more than a few hours as he was so hyperactive (running around lots) but in the politest way….thats part of the reason he has a 1:1 👀 Then he started meds and the running calmed down but he was becoming agitated and showing lots of frustration so they cut his hours down even further. I can’t even get into how this makes me feel.
I will be applying for him to go to a specialist ASD school when he is 7 but need a “stop gap” until then. Here’s my issue - he is too high functioning for some schools and needs too much supervision for ASD units within mainstreams.
he cannot spend the next 2yrs being babysat in a seperate room to his classmates with a TA like he is at the moment. His EHCP isn’t being followed even partly, I feel he is being very very let down and would move him tomorrow if I could.
has anyone been in a similar position and could offer advice please? I know the ASD unit within a mainstream that I want him to go to and “wait it out” until he is 7 and can access the specialist school I want him to go to but I’m worried they will say he needs too much supervision. Add to this his SENCO who has done absolutely nothing for him and keeps banging on about the local PMLD school for him and I’m really worried she will paint him as far less able than he is if it even gets as far as the two schools communicating about a potential move.
thanks in advance for any replies! xx

Have you requested an early review of the EHCP?

Have you looked at other SS who admit from 5 including independent ones and schools out of area?

Supervision, including e.g. 1:1, can be provided in ARPs. Many LAs and schools will tell you it can’t be but it can.

If you want DS to attend school full time, he can unless the school is formally suspending DS each time. If the school is not formally suspending DS, what they are doing is unlawfully, informally excluding him. You don’t have to allow this to continue. A formal suspension instead of an unlawful, informal exclusion will a) provide evidence of unmet needs to help you pursue additional support &/or an alternative placement, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative education for longer suspensions.

If DS can’t attend school full time and turned last term, the LA has a duty to ensure he still receives a full-time education. On their website, IPSEA has a model letter you can use to request alternative provision. And if DS can’t attend school, the LA is still responsible for the provision in the EHCP.

Secondly, if the provision detailed, specified and quantified in F of the EHCP isn’t being provided, have you contacted the LA? It is the LA who is ultimately responsible for ensuring the provision is provided. IPSEA also has a model letter you can use for this. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this free of charge. Although there is a wait, so you may want to look elsewhere. Then, if that fails, judicial review proceedings will resolve the situation.

However, enforcement action is only possible if the provision is detailed, specified and quantified. If it isn’t, you should request an early review of the EHCP in order to tighten it up.

The school are acting illegally they can't insist he only goes part time he has a statutory right to a full time education
Call an emergency EHCP review to discuss this issue my child goes to a PMLD school and although it's fantastic it doesn't soundc like it could meet you're sons needs at all fortunately it's not up to the SENCO to decide where your son goes as he should be having assessments to see what the best setting is for him.

@StrivingForSleep an excellent, informative response.

Thanks for your replies. I had his review today and school said they can’t meet needs. The options for him right now at his age are absolutely dire, it’s either PMLD schools which aren’t right for him or high coin which also isn’t totally right but in any case there are NO spaces anywhere.
school have made it clear they don’t really want him there, saying he has to stay on just 2hrs a day and they don’t really see him being in year one but if he were to be present it would be for no more than 2hrs and he would be unlikely to be in the classroom as he is disruptive to whole class teaching. I don’t know what my alternative is until he is old enough to go to the school I really want him to go to next year. I hate the idea of him missing so much school but there is nowhere with spaces that is appropriate for him in the interim. It isn’t even a guarantee he would get into the school I want him to go to. The LA might not fund, who knows.

Would the LA fund some alternative provision alongside some school? There should be a directory for your area. Have a look on the IPSEA website - lots of good advice on there. He is legally entitled to a full time education.

It would help you to read SOSSEN and IPSEA’s websites so you can start to understand the actual law rather than what the school and LA want you to believe.

You do not have to allow the school to continue to act unlawfully.

but in any case there are NO spaces anywhere.

With an EHCP, it isn’t as simple as this. Full is not defined in law and for non-wholly independent schools, being ‘full’ is not enough to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible with the provision of efficient education for others or use of resources. This has to be something tangible rather than the vague rubbish LAs often state and the bar to do this is higher than many LAs and schools admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”.

Have you looked at all special schools who admit from 5 within travelling distance (maximum travel time is usually considered 45mins for primary although some travel further) including independent ones and schools out of area?

If it is inappropriate for provision to be made in a school, there is EOTAS/EOTIS.

He is legally entitled to a full time education.

While OP’s DS is able to attend school full-time unless the school formally suspends, the LA may not yet have a duty under section 19 of the Education Act 1996 to ensure DS receives a suitable full-time education. The LA’s duty only applies to compulsory school aged pupils. So, if OP’s DS turned 5 this term, he isn’t yet CSA and, although the LA has the power to make such power, they do not have a duty to.

Although further provision can be written into the EHCP regardless of age but DS will be CSA by the time any amendments following the review meeting are finalised.